From Casetext: Smarter Legal Research

Ackers v. State

Supreme Court of Florida
May 20, 1993
618 So. 2d 733 (Fla. 1993)

Summary

quashing district court's decision holding it impermissible to impose a sentence of probation for a first-degree felony punishable for a term of years not exceeding life imprisonment

Summary of this case from State v. Rinkins

Opinion

No. 80036.

May 20, 1993.

Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decisions, Fifth District — Case No. 91-1364 (Orange County).

James B. Gibson, Public Defender, and Paolo G. Annino and Anne Moorman Reeves, Asst. Public Defenders, Daytona Beach, for petitioner.

Robert A. Butterworth, Atty. Gen. and Nancy Ryan, Asst. Public Defender, Daytona Beach, for respondent.


We review Ackers v. State, 601 So.2d 567 (Fla. 5th DCA 1992) (on rehearing), on the ground of express and direct conflict. Art. V, § 3(b)(3), Fla. Const.

We recently held that it is permissible to impose probation upon a defendant found to be an habitual felony offender. McKnight v. State, 616 So.2d 31 (Fla. 1993). We therefore quash that part of the district court's decision that ruled to the contrary. Our decision does not affect the remaining components of the district court's opinion. We remand this case for further proceedings consistent with this opinion.

It is so ordered.

BARKETT, C.J., and OVERTON, McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.


Summaries of

Ackers v. State

Supreme Court of Florida
May 20, 1993
618 So. 2d 733 (Fla. 1993)

quashing district court's decision holding it impermissible to impose a sentence of probation for a first-degree felony punishable for a term of years not exceeding life imprisonment

Summary of this case from State v. Rinkins
Case details for

Ackers v. State

Case Details

Full title:DERRICK ACKERS, PETITIONER, v. STATE OF FLORIDA, RESPONDENT

Court:Supreme Court of Florida

Date published: May 20, 1993

Citations

618 So. 2d 733 (Fla. 1993)

Citing Cases

State v. Rinkins

We are unwilling to embrace the state's argument that the trial judge lacked the discretion under subsection…

Ackers v. State

Therefore, that portion of the sentence was illegal under the guidelines. This court agreed and remanded the…